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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal in light of the following: (a) the fault of the victim was large in the occurrence of the instant accident; (b) the agreement with the victim was not reached; (c) the Defendant deposited the amount equivalent to the Defendant for the recovery of damage; and (d) the primary offender, etc., the sentence imposed by the lower court (eight
2. The judgment of this case reveals that the victim suffered injury, such as the closure of the left-hand pelke, which requires treatment for about eight weeks, and thereby the victim and his family members suffered pain. The fact that the motor vehicle of this case does not have mandatory insurance is disadvantageous to the defendant, or there is no criminal history against the defendant, and that the defendant does not have any criminal history, and the victim's new string string string string strings around the end of the pedestrian signal may be deemed to have caused an accident. The defendant made efforts to recover damage by depositing part of the damaged amount twice after the judgment of the court below. Considering the circumstances leading up to the crime of this case, the circumstances leading up to the crime of this case, the defendant's age, environment, family relations, etc., the punishment imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and each of the imprisonment (or imprisonment without prison labor).